This Court disposed of a Writ Petition challenging a land assignment order without adjudicating the merits. The court held that a prior decree in A.S.(MD)No.96 of 2020 settled the title of the fifth respondent, rendering further adjudication unnecessary in the writ petition.
No costs; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.17839 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH
COURT
DATED : 08.12.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P(MD)No.17839 of 2020 and W.M.P(MD)No.14878 of 2020
1.V.Sundaram
2.K.Ammavasai
... Petitioners
Vs.
Madurai District,
Madurai – 625 020.
Collectorate,
Madurai District.
W.P(MD)No.17839 of 2020
Madurai.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus calling for the
records pertaining to the order of assignment of land in Na.Ka.No.J1/31940/94-6, Dated 13.08.1994 and bearing Survey No. 357/1 & 357/11 of Karadikkal Revenue Village of Thirumangalam Taluk, Madurai District passed by the 2 nd respondent and quash the same as illegal and subsequently enter petitioner's name in Revenue records and issue patta of the said land to them recognizing their long term genealogical enjoyment right form their ancestor's period, by considering petitioners representation, dated 03.02.2020.
For Petitioner : Mr.K.K.Samy
W.P(MD)No.17839 of 2020
For Respondents : M/s.S. Jeyapriya - for R1 to R4 Government Advocate
Mr.S.Srinivasaraghavan - for R5
O R D E R
This Writ Petition has been filed challenging the
proceedings of the second respondent dated 13.08.1994 and for a consequential direction to enter the petitioner's name in the revenue records and issue patta to the petitioner with respect to the subject property.
W.P(MD)No.17839 of 2020
a long period of time and hence, they were entitled for patta for the said property. The petitioners are tracing their rights from the ancestor of the above said Velu.
land in favour of one Ramuthaai and nearly 3 acres in favour of Seeniyammal. Immediately after it came to the knowledge of the petitioners ancestor, an appeal was filed before the Sub Collector, Usilampatty and through proceedings, dated 10.06.1996, the same was rejected. Aggrieved by the same, an appeal was filed before the first respondent and this appeal was also dismissed. The first respondent also modified the orders of the Tahsildar and Sub Collector and cancelled the assignment made infavour of Ramuthaai and Seeniyammal.
of the fifth respondent managed to get the assignment in their favour. Hence, an appeal was filed for the cancellation of the assignment
W.P(MD)No.17839 of 2020
made in favour of ancestors of the fifth respondent. The matter ultimately reached the Special Commissioner of Land Reforms, Chennai, and the matter was remanded back to the file of the second respondent. The second respondent through the impugned proceedings, dated 13.08.1994, confirmed the land assignment. Aggrieved by the same, the present Writ Petition has been filed before this Court mainly on the ground that such an order was passed even without giving sufficient opportunity to the petitioners’ ancestors.
6. In the considered view of this Court, it is not necessary
for this Court to go into the issues that have been raised by the petitioners, in view of the judgment and decree passed in A.S.(MD)No.96 of 2020 dated 19.06.2023. This Court has declared the title of the fifth respondent with respect to the subject property and has also granted permanent injunction in favour of the fifth
W.P(MD)No.17839 of 2020
respondent. In this appeal, the petitioners were the first and second respondents and they also contested the appeal. Since the title of the fifth respondent has been declared by this Court, there is no reason to once again get into the very same issue. This Court holds that by virtue of judgment and decree passed in A.S.(MD)No.96 of 2020, dated 19.06.2023, no further adjudication is required in this Writ Petition and accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
08.12.2023
NCC : Yes/No Index : Yes/No Internet : Yes/No
RM
W.P(MD)No.17839 of 2020
To
W.P(MD)No.17839 of 2020
N.ANAND VENKATESH, J.
RM
W.P(MD)No.17839 of 2020
08.12.2023
Colour shows how this judgement treated each authority
A.S.(MD)No.96 of 2020 dated 19.06.2023Referred¶49
V. Sundaram
K. Ammavasai
The District Collector, Madurai District
The District Revenue Officer, Madurai District
D. Srinivasan
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
